How Do I Know if I Have a Personal Injury Claim?

Accidents happen in an instant, but the impact can last for months or even years. If you’ve been hurt, filing a personal injury claim can help. Filing a claim can help you recover the financial resources you need to pay medical bills, replace lost wages, and move forward after an injury.

At The Dixon Firm, we’ve guided countless people through their personal injury claims. We’ve helped people with claims for small injuries to catastrophic, life-altering injuries. Below, we’ll break down what makes a strong personal injury claim and what steps you can take to protect your rights.

A personal injury claim is a legal action that allows someone who has been harmed due to another person or company’s negligence to seek compensation. Negligence means that someone failed to act with reasonable care, and that failure caused your injury.

Some examples of personal injury claims include drivers running red lights and causing crashes, or store owners failing to clean up spills that could lead to slips and falls. If your injury resulted from someone else’s careless or reckless actions, you may have grounds to pursue a claim.

Not every accident automatically leads to a successful claim. To build a strong case, attorneys look for four essential elements that act as the building blocks of personal injury law. If even one is missing, your case may be weakened.

1. Duty of Care

The first question is whether the other party had a legal responsibility to keep you safe, and this “duty” changes depending on the situation. For instance, drivers have a duty to follow traffic laws and stay focused on the road. Likewise, property owners must keep their spaces (like stores and shops) reasonably free from hazards.

Without an established duty, there’s no legal foundation for a claim. Establishing the duty of care is the first step in building a personal injury claim.

2. Breach of Duty

Once duty is established, the next step is proving that the person or company failed to meet that responsibility. This is the “negligence” part of the claim.

For instance, if a driver fails to obey traffic laws and runs a red light, they’ve breached their duty of care. The shop owner (mentioned above) who ignores a spill on their floor also breaches this duty.

3. Causation

It’s not enough to show that someone was careless. To establish a claim, you must connect their actions directly to your injury. In other words, you must prove that their breach of care caused you harm.

This is where evidence matters most. Police reports, medical records, witness testimony, and expert opinions all help establish that link.

4. Damages

Finally, a personal injury claim must show that you suffered real losses. Damages can be financial, physical, or emotional. They can include medical bills and costs of treatment, lost wages, and pain and suffering.

When all four elements are solid, you have the foundation of a strong personal injury claim.

While no two accidents are the same, personal injury claims often fall into these categories:

• Car, Truck, and Motorcycle Accidents. These are collisions caused by distracted, drunk, or careless drivers.
• Slip and Fall Accidents. Slip and fall accidents can occur with dangerous conditions like wet floors, broken stairs, or poor lighting.
• Medical Malpractice. Doctors and healthcare providers may make errors such as misdiagnosis, surgical mistakes, or medication mistakes.
• Workplace Accidents. When you are injured on the job, you may have a workplace accident claim, particularly when a third party is responsible.
• Wrongful Death Claims. These claims are brought by surviving family members when negligence leads to a fatal accident.

Still unsure if your circumstances qualify? Consider whether or not you had injuries that required medical attention. For instance, if you simply walked away from an accident, you may not have a claim.

However, if you sustained whiplash that didn’t show up for a few days after your accident, a claim may be necessary to cover medical expenses. Another way to find out if you have a claim is to consider if you have missed work (and pay) because of your accident. If you’ve missed work for doctor’s appointments, recovery, or mental trauma, you may have a claim.

In some cases, evidence like police reports, witness statements, and photographs can help determine if negligence was involved and whether or not you have a claim. Another party may even admit fault, giving a clue that you may be entitled to compensation for your damages.

Even if you’re unsure, it’s always better to ask an attorney than to assume you don’t have a case.

A personal injury claim covers more than just medical bills. Depending on your case, you may be entitled to compensation for lost wages, loss of future earning capacity, and property damages. Some claims may also cover non-monetary damages, like pain and suffering and emotional distress.

Every case is unique, and an experienced attorney can help calculate the true value of your claim.

Insurance companies often try to minimize payouts, even when their policyholder is clearly at fault. An attorney can help by ensuring you don’t agree to a less-than-reasonable settlement. By reviewing the details of your case and gathering evidence to support your claim, they’ll be able to negotiate on your behalf to maximize the amount you receive.

If a settlement cannot be reached, an attorney can also take your case to trial. At The Dixon Firm, we combine legal skill with compassion for our clients. We understand the stress that comes with injuries, and we’re here to guide you every step of the way.

Don’t wonder whether or not you have a personal injury claim. Talk to an experienced personal injury lawyer. A consultation can provide clarity, peace of mind, and a roadmap for moving forward.

Remember, you don’t have to figure this out on your own. The Dixon Firm is here to explain your rights and fight for the justice you deserve.